This text of New York § 808 (Contempt of injunction order to be tried by jury) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
§ 808. Contempt of injunction order to be tried by jury. 1.\nNotwithstanding any other provision of law, no person shall be punished\neither by fine or imprisonment for any alleged contempt arising out of\nany failure or refusal to obey any mandate of the court contained in or\nincidental to an injunction order granted by said court in any case\ninvolving or growing out of a labor dispute except after a trial by jury\nto which the defendant shall be entitled as a matter of right; provided,\nhowever, that this section shall not apply to any alleged contempt of\nsuch an injunction order committed in the presence of the court.\n 2. As used in subdivision one of this section:\n (a) A case shall be held to involve or to grow out of a labor dispute\nwhen the case involves persons who are en
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§ 808. Contempt of injunction order to be tried by jury. 1.\nNotwithstanding any other provision of law, no person shall be punished\neither by fine or imprisonment for any alleged contempt arising out of\nany failure or refusal to obey any mandate of the court contained in or\nincidental to an injunction order granted by said court in any case\ninvolving or growing out of a labor dispute except after a trial by jury\nto which the defendant shall be entitled as a matter of right; provided,\nhowever, that this section shall not apply to any alleged contempt of\nsuch an injunction order committed in the presence of the court.\n 2. As used in subdivision one of this section:\n (a) A case shall be held to involve or to grow out of a labor dispute\nwhen the case involves persons who are engaged in the same industry,\ntrade, craft or occupation; or who are employees of one employer; or who\nare members of the same or an affiliated organization of employers or\nemployees; whether such dispute is between one or more employers or\nassociations of employers and one or more employees or associations of\nemployees; between one or more employers or associations of employers\nand one or more employers or associations of employers; or between one\nor more employees or associations of employees and one or more employees\nor associations of employees; or when the case involves any conflicting\nor competing interests in a "labor dispute" (as hereinafter defined) of\n"persons participating or interested" therein (as hereinafter defined);\n (b) The term "labor dispute" includes any controversy concerning terms\nor conditions of employment, or concerning the association or\nrepresentation of persons in negotiating, fixing, maintaining, changing\nor seeking to arrange terms or conditions of employment, or concerning\nemployment relations, or any other controversy arising out of the\nrespective interests of employer and employee, regardless of whether or\nnot the disputants stand in the relation of employer and employee;\n (c) A person or association shall be held to be a person participating\nor interested in a labor dispute if relief is sought against him or it\nand if he or it is engaged in the industry, trade, craft, or occupation\nin which such dispute occurs, or is a member, officer or agent of any\nassociation of employers or employees engaged in such industry, trade,\ncraft, or occupation.\n